This decision, issued yesterday, holding that a lesbian spouse is not a parent of her child, is a poignant reminder of how vulnerable LGBTQ families are, *especially* in this post-Dobbs world. 19thnews.org/2023/02/oklaho…
But there are things states can do. They can update their parentage statutes so that they clearly and expressly apply to *all* of their children and their families. The Uniform Parentage Act of 2017 (UPA 2017) is a model states can use.
Today is the 7th anniversary of Obergefell establishing nationwide marriage equality, the 9th anniversary of Windsor striking down the federal marriage ban, and the 19th anniversary of Lawrence v. Texas striking down a law criminalizing same-sex nonmarital sexual intimacy.
On this day, a day which marks Pride celebrations in many US cities, we reflect on the legacy of these decisions and the principles of substantive due process on which they rely.
I take solace in J. Kennedy's words, his hopes, maybe, that this ship may someday be righted again: "Had those who...ratified the DPCs...known the components of liberty in its manifold possibilities, they might have been more specific. They did not presume to have this insight.